Administrative Law

Arellano University School of Law

aiza ebina/2015

Cario vs Commission on Human Rights

204 SCRA 483
Distinguished from Legislative or Rule-Making Power
FACTS: Some 800 public school teachers undertook mass concerted actions to protest the alleged
failure of public authorities to act upon their grievances. The mass actions consisted in staying away
from their classes, converging at the Liwasang Bonifacio, gathering in peacable assemblies, etc. The
Secretary of Education served them with an order to return to work within 24 hours or face dismissal. For
failure to heed the return-to-work order, eight teachers at the Ramon Magsaysay High School were
administratively charged, preventively suspended for 90 days pursuant to sec. 41, P.D. 807 and
temporarily replaced. An investigation committee was consequently formed to hear the charges.
When their motion for suspension was denied by the Investigating Committee, said teachers staged a
walkout signifying their intent to boycott the entire proceedings. Eventually, Secretary Carino decreed
dismissal from service of Esber and the suspension for 9 months of Babaran, Budoy and del Castillo. In the
meantime, a case was filed with RTC, raising the issue of violation of the right of the striking teachers to
due process of law. The case was eventually elevated to SC. Also in the meantime, the respondent
teachers submitted sworn statements to Commission on Human Rights to complain that while they were
participating in peaceful mass actions, they suddenly learned of their replacement as teachers, allegedly
without notice and consequently for reasons completely unknown to them.
While the case was pending with CHR, SC promulgated its resolution over the cases filed with it earlier,
upholding the Sec. Carinos act of issuing the return-to-work orders. Despite this, CHR continued hearing
its case and held that the striking teachers were denied due process of law;they should not have been
replaced without a chance to reply to the administrative charges; there had been violation of their civil
and political rights which the Commission is empowered to investigate.
ISSUE: Whether or not the Commission on Human Rights has jurisdiction or adjudicatory powers over, or
the power to try and decide, or hear and determine, certain specific type of cases, like alleged human
rights violations involving civil or political rights
RULING: No. The Court declares the Commission on Human Rights to have no such power; and that it was
not meant by the fundamental law to be another court or quasi-judicial agency in this country, or duplicate
much less take over the functions of the latter.
The most that may be conceded to the Commission in the way of adjudicative power is that it may
investigate, i.e., receive evidence and make findings of fact as regards claimed human rights violations
involving civil and political rights. But fact finding is not adjudication, and cannot be likened to the judicial
function of a court of justice, or even a quasi-judicial agency or official. The function of receiving evidence
and ascertaining therefrom the facts of a controversy is not a judicial function, properly speaking. To be
considered such, the faculty of receiving evidence and making factual conclusions in a controversy must
be accompanied by the authority of applying the law to those factual conclusions to the end that the
controversy may be decided or determined authoritatively, finally and definitively, subject to such appeals
or modes of review as may be provided by law. This function, to repeat, the Commission does not have.
The Constitution clearly and categorically grants to the Commission the power to investigate all forms of
human rights violations involving civil and political rights. It can exercise that power on its own initiative or
on complaint of any person. It may exercise that power pursuant to such rules of procedure as it may
adopt and, in cases of violations of said rules, cite for contempt in accordance with the Rules of Court. In
the course of any investigation conducted by it or under its authority, it may grant immunity from
prosecution to any person whose testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth. It may also request the assistance of any department,
bureau, office, or agency in the performance of its functions, in the conduct of its investigation or in
extending such remedy as may be required by its findings.
But it cannot try and decide cases (or hear and determine causes) as courts of justice, or even quasijudicial bodies do. To investigate is not to adjudicate or adjudge. Whether in the popular or the technical
sense, these terms have well understood and quite distinct meanings.
"Investigate," commonly understood, means to examine, explore, inquire or delve or probe into, research
on, study. The dictionary definition of "investigate" is "to observe or study closely: inquire into
systematically. "to search or inquire into: . . . to subject to an official probe . . .: to conduct an official
inquiry." The purpose of investigation, of course, is to discover, to find out, to learn, obtain information.
Nowhere included or intimated is the notion of settling, deciding or resolving a controversy involved in the
facts inquired into by application of the law to the facts established by the inquiry.

The legal meaning of "investigate" is essentially the same: "(t)o follow up step by step by patient inquiry or
observation. To trace or track; to search into; to examine and inquire into with care and accuracy; to find
out by careful inquisition; examination; the taking of evidence; a legal inquiry;" "to inquire; to make an
investigation," "investigation" being in turn describe as "(a)n administrative function, the exercise of which
ordinarily does not require a hearing. 2 Am J2d Adm L Sec. 257; . . . an inquiry, judicial or otherwise, for the
discovery and collection of facts concerning a certain matter or matters."
"Adjudicate," commonly or popularly understood, means to adjudge, arbitrate, judge, decide, determine,
resolve, rule on, settle. The dictionary defines the term as "to settle finally (the rights and duties of the
parties to a court case) on the merits of issues raised: . . . to pass judgment on: settle judicially: . . . act as
judge." And "adjudge" means "to decide or rule upon as a judge or with judicial or quasi-judicial powers:
"to award or grant judicially in a case of controversy."
In the legal sense, "adjudicate" means: "To settle in the exercise of judicial authority. To determine finally.
Synonymous with adjudge in its strictest sense;" and "adjudge" means: "To pass on judicially, to decide,
settle or decree, or to sentence or condemn. Implies a judicial determination of a fact, and the entry of a
judgment."
Hence it is that the Commission on Human Rights, having merely the power "to investigate," cannot and
should not "try and resolve on the merits" (adjudicate) the matters involved in Striking Teachers HRC Case
No. 90-775, as it has announced it means to do; and it cannot do so even if there be a claim that in the
administrative disciplinary proceedings against the teachers in question, initiated and conducted by the
DECS, their human rights, or civil or political rights had been transgressed. More particularly, the
Commission has no power to "resolve on the merits" the question of (a) whether or not the mass concerted
actions engaged in by the teachers constitute and are prohibited or otherwise restricted by law; (b)
whether or not the act of carrying on and taking part in those actions, and the failure of the teachers to
discontinue those actions, and return to their classes despite the order to this effect by the Secretary of
Education, constitute infractions of relevant rules and regulations warranting administrative disciplinary
sanctions, or are justified by the grievances complained of by them; and (c) what where the particular acts
done by each individual teacher and what sanctions, if any, may properly be imposed for said acts or
omissions.
These are matters within the original jurisdiction of the Sec. of Education, being within the scope of the
disciplinary powers granted to him under the Civil Service Law, and also, within the appellate jurisdiction of
the CSC.
RATIO: In the legal sense, "adjudicate" means: "To settle in the exercise of judicial authority. To determine
finally. Synonymous with adjudge in its strictest sense;" and "adjudge" means: "To pass on judicially, to
decide, settle or decree, or to sentence or condemn. Implies a judicial determination of a fact, and the
entry of a judgment."
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